Smt. Kusum Lata Kalia vs State of Himachal Pradesh

Justice V.K. Ahuja, J.—The petitioner has filed the present writ petition alleging that she was serving in Government P.G. College, Nahan, District Sirmour, H.P. in the year 2005. She proceeded on leave w.e.f 28.1.2006 to look after her ailing mother-in-law and thereafter, she was ill and remained under treatment and was declared fit on 22.5.2006 by Medical Officer. The petitioner submitted her joining alongwith medical fitness certificate to the Principal Government P.G. College, Nahan, who refused to accept her joining and forwarded the case to the Directorate. She also filed representation and the Director Higher Education, telephonically, as alleged by the petitioner directed the Principal Government P.G. College, Nahan to accept the joining of the petitioner and forward her leave case to the Government for sanction. Thereafter, she was granted extra ordinary leave as per letter Annexure-P-5 from the Principal Secretary to the Director Higher Education. The petitioner has prayed that since the leave in her account was already available, her absence should be adjusted against the leave available to her and order passed that she was granted extra ordinary leave being held to be on leave. It is clear from the facts of the case that the petitioner proceeded on leave without proper sanction and when she joined, she was allowed to join but was granted extra ordinary leave. In regard to the question that once no departmental action was taken against the petitioner, she should be held entitled to the leave of kind due. I am of the opinion that this was a concession given to the petitioner that no action was taken against her for her absence, but, it was held to be extra ordinary leave and she was allowed to join. In case a Government employee proceeds on leave without proper sanction, he/she can not claim it as a matter of right that subsequently if he/she is permitted to join, the leave should be adjusted against his/her leave account of the kind due.

My attention has been drawn to the decision of a Division Bench of this Court in CWP No.2080 of 2012, decided on April 26,2012 titled as Sunit Pathania Versus State of Himachal Pradesh, wherein it was observed by the Hon''ble the Division Bench that in case there is leave available to the credit of the employee concerned, the same shall be adjusted to the extent of leave available. No findings were given that wherever the leave of the kind due is available, it should be adjusted in the account of the employee but it is on the facts of the case that the Division Bench had granted the concession in the above case. The petitioner is at liberty to make the representation to the Department enclosing therein with the copy of the judgment of the Division Bench and if the same is also applicable to the case of the petitioner on the facts of the case, the Department may consider the case of the petitioner and pass appropriate orders accordingly. The petition stands disposed of accordingly, so also the pending application(s), if any. No order as to cost.